C080 - Final Articles Revision Convention, 1946 (No. 80)
Convention
for the Partial Revision of the Conventions Adopted by the General Conference
of the International Labour Organisation at Its First Twenty-eight Sessions for
the Purpose of Making Provision for the Future Discharge of Certain Chancery
Functions Entrusted by the Said Conventions to the Secretary-General of the
League of Nations and Introducing therein Certain Further Amendments
Consequential upon the Dissolution of the League of Nations and the Amendment
of the Constitution of the International Labour Organisation
(Entry into force: 28 May 1947)Adoption: Montreal, 29th ILC session (09 Oct 1946)
Preamble
The
General Conference of the International Labour Organisation,
Having
been convened at Montreal by the Governing Body of the International Labour
Office, and having met in its Twenty-ninth Session on 19 September 1946, and
Having
decided upon the adoption of certain proposals with regard to the partial
revision of the Conventions adopted by the Conference at its first twenty-eight
sessions for the purpose of making provision for the future discharge of
certain chancery functions entrusted by the said Conventions to the
Secretary-General of the League of Nations and introducing therein certain
further amendments consequential upon the dissolution of the League of Nations
and the amendment of the Constitution of the International Labour Organisation,
a question which is included in the second item on the agenda of the Session,
and
Considering
that these proposals must take the form of an international Convention,
adopts
this ninth day of October of the year one thousand nine hundred and forty-six
the following Convention, which may be cited as the Final Articles Revision
Convention, 1946:
Article
1
- 1. In the texts of the
Conventions adopted by the International Labour Conference in the course
of its first twenty-five sessions the words "the Director-General of
the International Labour Office" shall be substituted for the words
"the Secretary-General of the League of Nations", the words
"The Director-General" shall be substituted for the words
"the Secretary-General", and the words "the International
Labour Office" shall be substituted for the words "the
Secretariat" in all passages where these various expressions
respectively occur.
- 2. The registration by the
Director-General of the International Labour Office of the ratifications
of Conventions and amendments, acts of denunciation, and declarations
provided for in the Conventions adopted by the Conference in the course of
its first twenty-five sessions shall have the same force and effect for
all purposes as the registration of such ratifications, acts of
denunciation and declarations by the Secretary-General of the League of
Nations in accordance with the terms of the original texts of the said
Conventions.
- 3. The Director-General of the
International Labour Office shall communicate to the Secretary-General of
the United Nations for registration in accordance with Article 102 of the
Charter of the United Nations full particulars of all ratifications, acts
of denunciation and declarations registered by him in accordance with the
provisions of the Conventions adopted by the Conference at its first
twenty-five sessions as amended by the foregoing provisions of this
Article.
Article
2
- 1. The words "of the
League of Nations" shall be deleted from the first paragraph of the
Preamble of each of the Conventions adopted by the Conference in the
course of its first eighteen sessions.
- 2. The words "in accordance
with the provisions of the Constitution of the International Labour
Organisation" shall be substituted for the words "in accordance
with the provisions of Part XIII of the Treaty of Versailles and of the
corresponding Parts of the other Treaties of Peace" and the variants
thereof contained in the Preambles of the Conventions adopted by the
Conference in the course of its first seventeen sessions.
- 3. The words "under the
conditions set forth in the Constitution of the International Labour
Organisation" shall be substituted for the words "under the
conditions set forth in Part XIII of the Treaty of Versailles and the
corresponding Parts of the other Treaties of Peace" or any variant
thereof in all articles of the Conventions adopted by the Conference in
the course of its first twenty-five sessions in which the latter words or
any variant thereof occur.
- 4. The words "Article 22
of the Constitution of the International Labour Organisation" shall
be substituted for the words "Article 408 of the Treaty of Versailles
and the corresponding Articles of the other Treaties of Peace" or any
variant thereof in all Articles of the Conventions adopted by the
Conference in the course of its first twenty-five sessions in which the
latter words or any variant thereof occur.
- 5. The words "Article 35
of the Constitution of the International Labour Organisation" shall
be substituted for the words "Article 421 of the Treaty of Versailles
and the corresponding Articles of the other Treaties of Peace" in all
Articles of the Conventions adopted by the Conference in the course of its
first twenty-five sessions in which the latter words or any variant
thereof occur.
- 6. The word "Draft"
shall be omitted from the expression "Draft Convention" in the
Preambles of the Conventions adopted by the Conference in the course of
its first twenty-five sessions and in all Articles of the said Conventions
in which the said expression occurs.
- 7. The title
"Director-General" shall be substituted for the title
"Director" in all articles of the Conventions adopted by the
Conference in the course of its twenty-eighth session which refer to the
Director of the International Labour Office.
- 8. In each of the Conventions
adopted by the Conference in the course of its first seventeen sessions
there shall be included in the Preamble the words "which may be cited
as" together with the short title currently used by the International
Labour Office for the Convention in question.
- 9. In each of the Conventions
adopted by the Conference in the course of its first fourteen sessions all
unnumbered paragraphs of Articles containing more than one paragraph shall
be consecutively numbered.
Article
3
Any
Member of the Organisation which, after the date of the coming into force of
this Convention, communicates to the Director-General of the International
Labour Office its formal ratification of any Convention adopted by the
Conference in the course of its first twenty-eight sessions shall be deemed to
have ratified that Convention as modified by this Convention.
Article
4
Two
copies of this Convention shall be authenticated by the signature of the
President of the Conference and of the Director-General of the International
Labour Office. Of these copies one shall be deposited in the archives of the
International Labour Office and the other shall be communicated to the
Secretary-General of the United Nations for registration in accordance with
Article 102 of the Charter of the United Nations. The Director-General shall
communicate a certified copy of this Convention to each of the Members of the
International Labour Organisation.
Article
5
- 1. The formal ratifications of
this Convention shall be communicated to the Director-General of the
International Labour Office.
- 2. The Convention shall come
into force at the date on which the ratifications of two Members of the
International Labour Organisation have been received by the
Director-General.
- 3. On the coming into force of
this Convention and on the subsequent receipt of further ratifications of
the Convention, the Director-General of the International Labour Office
shall so notify all the Members of the International Labour Organisation
and the Secretary-General of the United Nations.
- 4. Each Member of the
Organisation which ratifies this Convention thereby recognises the validity
of any action taken thereunder during the interval between the first
coming into force of the Convention and the date of its own ratification.
Article
6
On
the first coming into force of this Convention the Director-General of the
International Labour Office shall cause official texts of the Conventions
adopted by the Conference in the course of its first twenty-eight sessions as
modified by the provisions of this Convention to be prepared in two original
copies, duly authenticated by his signature, one of which shall be deposited in
the archives of the International Labour Office and one of which shall be
communicated to the Secretary-General of the United Nations for registration in
accordance with Article 102 of the Charter of the United Nations; the Director-General
shall communicate certified copies of these texts to each of the Members of the
Organisation.
Article
7
Notwithstanding
anything contained in any of the Conventions adopted by the Conference in the
course of its first twenty-eight sessions, the ratification of this Convention
by a Member shall not, ipso jure, involve the denunciation of any such
Convention, nor shall the entry into force of this Convention close any such
Convention to further ratification.
Article
8
- 1. Should the Conference adopt
a new Convention revising this Convention in whole or in part, then,
unless the new Convention otherwise provides--
- (a) the ratification by a
Member of the new revising Convention shall, ipso jure, involve the
denunciation of this Convention if and when the new revising Convention
shall have come into force;
- (b) as from the date when the
new revising Convention comes into force this Convention shall cease to
be open to ratification by the Members.
- 2. This Convention shall in any
case remain in force in its present form and content for those Members
which have ratified it but have not ratified the revising Convention.
Article
9
The
English and French versions of the text of this Convention are equally
authoritative.
No comments:
Post a Comment